The decisive provision was added to the Law in 2018. Art. 29/A of Law No. 6112, added by Law No. 7103 of 21/3/2018, governs two separate situations.
Case 1 - An Organisation That Already Holds a Licence
The first sentence: media service providers holding a provisional broadcasting right and/or a broadcasting licence from the Supreme Council may, under those rights and licences, also offer their broadcasts over the internet in conformity with this Law and with Law No. 5651.
Case 2 - Broadcasting Solely Over the Internet
The second sentence lays down the main rule: "Media service providers wishing to offer radio, television and on-demand broadcasting services solely over the internet must obtain a broadcasting licence from the Supreme Council, and platform operators wishing to transmit those broadcasts over the internet must obtain a transmission authorisation from the Supreme Council."
| Who | What they must obtain |
|---|---|
| A media service provider offering a broadcasting service solely over the internet | A broadcasting licence |
| A platform operator transmitting those broadcasts over the internet | A transmission authorisation |
| An organisation offering its broadcast over the internet under an existing licence | No additional licence required |
What Is the Measure: A "Broadcasting Service"?
Not every internet live stream falls within Law No. 6112. The decisive concept is the broadcasting service and the editorial responsibility attached to it. Art. 3 defines editorial responsibility as having the power of arrangement and control over the content and selection of programmes and over their presentation within a broadcasting schedule for radio and television services, or within a catalogue for on-demand services.
The Consequence of Broadcasting Without a Licence
The second paragraph of Art. 29/A governs the process to be applied where the Supreme Council finds that the broadcasting services of natural or legal persons who hold no provisional broadcasting right and/or licence, or whose right and/or licence has been revoked, are being transmitted over the internet.
The Licence Conditions Are the Same
The conditions in Art. 19 apply to internet broadcasting too:
- The licence is issued to joint stock companies formed under the Turkish Commercial Code exclusively to provide radio, television and on-demand broadcasting services
- Shares must be registered shares
- Political parties, trade unions, professional organisations, cooperatives, unions, associations and local authorities cannot hold a licence
- Direct total foreign capital may not exceed 50% of the paid-in capital
Where Two Laws Intersect
The wording of the article also refers to Law No. 5651: broadcasts are offered over the internet in conformity with this Law and with Law No. 5651. So in internet broadcasting two regimes overlap.
Is a News Site Within This Scope?
An internet news site publishing text news does not fall within Art. 29/A if it is not providing a broadcasting service within the meaning of Law No. 6112; its regime is Law No. 5187. But when the same site starts regular live video broadcasting the boundary can become contestable. We deal with news site obligations in what counts as an internet news site.
Summary
- Offering a radio, television or on-demand broadcasting service solely over the internet requires an RTUK broadcasting licence.
- Platform operators transmitting those broadcasts obtain a transmission authorisation.
- An organisation with an existing licence may offer the same broadcast over the internet.
- What is decisive is whether the activity is a broadcasting service presented with editorial responsibility.